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T.B. EX REL. DEBBRA B. v. BRYAN INDEPENDENT SCHOOL

No. 08-20201.

628 F.3d 240 (2010)

T.B., by next friend DEBBRA B., Plaintiff-Appellee, v. BRYAN INDEPENDENT SCHOOL DISTRICT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 20, 2010.

Attorney(s) appearing for the Case

Gary Lynn Bledsoe (argued), Law Offices of Gary L. Bledsoe & Assoc., Austin, TX, for Plaintiff-Appellee.

Jon Erik Nichols (argued), Jacqueline L. Lundy , Rogers, Morris & Grover, L.L.P., Houston, TX, for Defendant-Appellant.

Before GARWOOD, GARZA and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Bryan Independent School District (BISD) appeals an award of attorneys' fees to appellee T.B., a student who filed claims pursuant to the Individuals with Disabilities Education Act (IDEA). Because the IDEA only authorizes an award of attorneys' fees to a "child with a disability" as that term is defined in the IDEA, and T.B. has never been found to fall within that statutory definition, we vacate the...

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